TMI Blog2014 (1) TMI 703X X X X Extracts X X X X X X X X Extracts X X X X ..... d not tally. In the account of Shri Jagdish Prasad, an amount of Rs. 3.00 lacs was deposited on 20-04-2006 vide cheque no.218166 whereas in the assesee's bank account cheqaue no. is 036235 - It is noticed that cheque no. 218166 was wrongly mentioned - this was the bank account no. Similar was the position of Shri Hanuman Prasad – there was merit in the submissions of the assessee that while coming to the conclusion that cheques were not tallied and bank account no. was mentioned in place of cheque no. - Since it is a mistake apparent from record, the Misc. Application of the assessee allowed – Decided in favour of Assessee. - MA No.5/Jodh/2011(Arising out of ITA No. 527/Jodh/2010) - - - Dated:- 6-6-2013 - Shri Hari Om Maratha And Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en confirmed by the Hon'ble Tribunal for the reasons recorded in para 11 page 13 of the order. 2. That on 21/11/2011 the applicant moved an application u/s 254(2) for rectification of mistake which are apparent on the face of record. In this respect my humble submission in brief are as under: - (a) In respect of Jagdish Prasad S/o Shri Panna Ram (i) In this case the appellant first gave a loan of Rs. 3,00,000/- on 20/04/2006 by cheque No. 036235 from his bank account bearing No. 218166 with Punjab National Bank. This cheque was credited to the account of Shri Jagdish Prasad the debtor in his bank account. In support of above the assessee is filed the copy of bank account of the debtor Shri Jagdish Prasad s/o Shri Panna Lal. The perusal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clear that the assessee advanced a sum of Rs. 6,35,000/- to Shri Hanuman Prasad by account payee cheque bearing number 036242 but the bank in the account of Shri Hanuman Prasad written the account number 218166 of the assessee in place of cheque number and because of this fact there is a apparent mistake in the finding recorded by the Hon'ble Tribunal which requires to be rectified, (c) In respect of Shri Jodha Singh S/o Mahendra Singh. (i) The perusal of copy of account which is on record shows that the assessee had a credit balance of Rs. 2,47,553.03 on 01/04/2006. Thereafter on 15/05/2006 this account was credited by a sum of Rs. 51,601.40 in respect of sale proceeds of wheat. (ii) That on 20/09/2006 the assessee issued a cheque be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that, to Shri Guru Sewak Singh he advanced a sum of Rs. 2,28,000/- on 25/09/2006 by cheque number 039612 and received a sum of Rs. 2,50,000/- on 22/12/2006 by cheque number 127863 and to support he filed a copy of his account as appearing in his books of account along with his bank statement. In light of above the finding of the Hon'ble Tribunal contain an apparent mistake that the assessee has not advanced amount earlier to him. 3. That the observation of the Hon'ble Tribunal in para 10 page 10 of the order also contain a mistake which is apparent on the face of record. The assessee submitted copy of his bank account before the AO and was part of the record. To bring the fact on record the assessee obtained a certified copy from the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : - "Section 254 of the Income-tax Act, 1961 - Appellate Tribunal - Powers of-Assessment year 1978-79 -- Whether in a given case where factual mistake is so apparent that it becomes necessary to correct same, Tribunal would be justified in not only correcting said mistake by way of rectification but if judgment has proceeded on basis of that fact, it would be justified in recalling such order and posting for hearing" 2.4 In his rival submissions, the Ld. D.R. for the Revenue submitted that there is no apparent mistake in the order of the Tribunal which could be rectified u/s 254(2) of the Act. It was stated that only mistake apparent from record can be rectified and there is no provision to review the order. It was further stated that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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